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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-058 <br />Notice of Violation C-93-058 was issued for "Failure to pass <br />disturbed area drainage through a sedimentation pond, a series of <br />sedimentation ponds, or a treatment facility before leaving the <br />disturbed area. Failure to maintain culverts, diversions, and <br />berms to convey disturbed area drainage." Tony Waldron issued <br />the violation on April 16, 1993. <br />Mr. Ron Thompson, representing Basin Resources, Inc., did not <br />contest the fact of the violation. He did object to the fault <br />component of the proposed civil penalty. Fault was assessed at <br />$1000.00. The assessment officers' reason was "portions of this <br />violation were the result of the operator placing coal and other <br />materials associated with mine operations outside the sediment <br />control system. These were apparently intentional acts." <br />Mr. Thompson explained that the violation occurred as a result of <br />abating NOV's issued in March. The violations were not <br />intentionally caused. A contractor was on site to abate the <br />violations, because they are short of personnel. The contractor <br />was attempting to abate the other NOV's in a timely fashion. <br />Basin Resources Inc. is in the process of interviewing for an <br />environmental position that will address some of the personnel <br />shortage concerns. <br />Based on the information presented in the assessment conference, <br />I believe a reduction in the fault component is appropriate. <br />There is no evidence of intentional conduct. There was a lack of <br />diligence and lack of reasonable care. I will reduce this to <br />$750.00. <br />The settlement agreement penalty is $2000.00. <br />